Vinod Singh vs State Of Rajasthan And Ors

Instant revision petition under Section 397/401 Cr.P.C. has been filed against the order dated 08.08.2018 passed by the learned Additional Session

Judge, Bali, District Pali whereby the learned Judge framed the charges against the petitioner for offence under Sections 307/34, 323/34 & 325/34

IPC.

Learned counsel for the petitioner submits that on perusal of the injury report of injured Narayan Singh S/o Sh. Bhabhut Singh, it would reveal that he

received only two injuries, out of which one was caused on his head. No x-ray examination of the injuries sustained by the injured was done. Counsel

further submits that in the injury report, it has been mentioned by the Doctor that the injury No.1 caused on the head of the injured could be dangerous

to life if the patient was not brought to the Hospital in time.

Subsequently, the same Doctor has written that the said injury No.1 is not dangerous to life. In such circumstances, charge for offence under Section

307/34 IPC is not at all made out against the petitioner and thus the impugned order may be quashed and set aside to that extent.

Per contra, learned Public Prosecutor as well as learned counsel for respondent No.2 submit that on perusal of the statement of the injured Narayan

Singh S/o Sh. Bhabhut Singh, it is apparent that the injured has levelled specific allegation of causing head injury against the petitioner. The injury

report of Narayan Singh S/o Sh. Bhabhut Singh also shows that he received injury on his forehead. Counsel further submit that when the Doctor had

not done x-ray examination of the injuries sustained by the injured, the injured filed a misc. petition bearing No.843/2012 before this Court in which this

Court issued direction that the injured may be examined at Satellite Hospital, Mandore, Jodhpur. After examination of the injured at Satellite Hospital,

Mandore, Jodhpur it has come on record that there is fracture of frontal bone in left side of skull of injured Narayan Singh S/o Sh. Bhabhut Singh. In

view of the aforesaid facts and circumstances, no interference is called for in the impugned order by this Court and it is prayed that the revision

petition may be dismissed.

Heard the learned counsel for the parties and perused the impugned order as well as injuries report and other documents available on record.

Injured Narayan Singh S/o Sh. Bhabhut Singh has specifically mentioned in his statement that the petitioner Vinod Singh has inflicted head injury,

consequent to which he fell down and became unconscious. The injury report of the injured Narayan Singh S/o Sh. Bhabhut Singh also shows that he

received injury on his head. Further in pursuance of the direction of this Court issued in SB Cr. Misc. Petition No.843/2012, the injured examined at

Satellite Hospital, Mandore, Jodhpur and in the x-ray report it has come that the injured received fracture of frontal bone in left side of skull. On

consideration of the overall facts and circumstance of the case as also the evidence available on record, prima facie it is apparent that offence under

Section 307/34 IPC is clearly made out against the petitioner. Hence, no interference is called for in the impugned order.

In view of above, there is no perversity or illegality in the impugned order of framing charge.

The revision petition is dismissed. Stay petition is also dismissed.